Principles of Islamic Jurisprudence by MH kamali

Both ayat require them to observe a waiting period

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Unformatted text preview: rtain whether they are genuinely in conflict, for the term `a year's maintenance and residence' in the first ayah does not recur in the second. There is, in fact, no reference to either maintenance or residence in the second ayah. This would, for example, introduce an element of doubt concerning whether the two Principles of Islamic Jurisprudence ~ Kamali 144 ayat are concerned with different subjects of maintenance and `iddah respectively. There is, in other words, a level of discrepancy which might make it possible to apply each of the two rulings to different situations. This is not to argue against the majority view which seems to be the settled law, but merely to explain why an abrogation of this type has been classified as implicit naskh. Partial abrogation (naskh juz'i ) is a form of naskh in which one text is only partially abrogated by another, while the remaining part continues to be operative. An example of this is the Qur'anic ayah of qadhf (slanderous accusation) which has been partially repealed by the ayah of imprecation (li'an). The two texts are as follows: 1. Those who accuse chaste women [of adultery] and then fail to bring four witnesses to prove it shall be flogged with eighty lashes (al-Nur, 24:4). 2. Those who accuse their spouses and have no witnesses, other than their own words, to support their claim, must take four solemn oaths in the name of God and testify that they are telling the truth (al-Nur, 24:6). The first ayah lays down the general rule that anyone, be it a spouse or otherwise, who accuses chaste women of zina must produce four witnesses for proof. The second ayah provides that if the accuser happens to be a spouse who cannot provide four witnesses and yet insists on pursuing the charge of zina, he may take four solemn oaths to take the place of four witnesses. This is to be followed, as the text continues, by a statement in which the husband invokes the curse of God upon himself if he tells a lie. The ruling of the first text has thus been repealed by the second text insofar as it concerns a married couple. [23. Shafi'i, Risalah, p. 72; Khallaf, `Ilm, p.227.] It will be noted that the text of the Qur'an has two distinctive features, namely, the words of the text, and the ruling, or the hukm, that it conveys. Reading and reciting the words of the Qur'an, even if its ruling is abrogated, still commands spiritual merit. The words are still regarded as part of the Qur'an and salah can be performed by reciting them. It is on the basis of this distinction between the words and the rulings of the Qur'an that naskh has once again been classified into three types. The first and the most typical variety of abrogation is referred to as naskh al-hukm, or naskh in which the ruling alone is abrogated while the words of the text are retained. All the examples which we have given so far of the incidence of naskh in the Qur'an fall into this category. Thus the words of the Qur'anic text concerning bequests to relatives (al-Baqar...
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This note was uploaded on 04/13/2013 for the course ISLAM 101 taught by Professor Islam during the Spring '13 term at Harvey Mudd College.

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